[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21610]
[[Page Unknown]]
[Federal Register: September 1, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 776
Judge Advocate General's Instruction 5803.1A; Professional
Conduct of Attorneys Practicing Under the Supervision of the Judge
Advocate General
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule sets forth regulations concerning the professional
conduct of attorneys practicing law under the supervision of the Judge
Advocate General of the Navy. This rule is being published to codify
the Judge Advocate General's Instruction 5803.1A, Professional Conduct
of Attorneys Practicing Under the Supervision of the Judge Advocate
General.
EFFECTIVE DATE: September 1, 1994.
FOR FURTHER INFORMATION CONTACT: CAPT P.W. Kelley, Office of the Judge
Advocate General, Administrative Law Division, 200 Stovall Street,
Alexandria, VA 22332-2400. Telephone: (703) 614-1781.
SUPPLEMENTARY INFORMATION: This part establishes policy, assigns
responsibilities, and prescribes procedures for attorneys practicing
law under the supervision of the Judge Advocate General (JAG) for
relations with non-DOD civilian counsel, petitions for outside law
practice of naval service attorneys, and a description of the complaint
processing procedure. This part ensures that attorneys practicing law
under the supervision of the JAG will be provided with rules of
professional conduct with which they must comply in order to remain in
``good standing.'' Although the rules of professional conduct do not
apply to nonlawyers, they do define the type of ethical conduct that
the public and the military community have a right to expect not only
of lawyers but also of their nonlawyer employees. It has been
determined that invitation of public comment on these changes to the
Department of the Navy's implementing instruction prior to adoption
would be impractical and unnecessary, and is therefore not required
under the public rule-making provisions of 32 CFR parts 336 and 701.
Interested persons, however, are invited to comment in writing. Written
comments received will be considered in making amendments or revisions
to 32 CFR part 776 or the naval instruction upon which it is based. It
has been determined that this final rule is not a major rule within the
criteria specified in Executive Order 12291 and does not have
substantial impact on the public. This submission is a statement of
policy and as such can be effective upon publication in the Federal
Register.
List of Subjects in 32 CFR Part 776
Conflicts of interests, Lawyers, Legal services, Reporting and
recordkeeping requirements.
For the reasons set out in the Preamble, part 776 is added to 32
CFR chapter VI to read as follows:
PART 776--PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE
SUPERVISION OF THE JUDGE ADVOCATE GENERAL
Subpart A--General, Preamble and Premises
Sec.
776.1 Purpose.
776.2 Applicability.
776.3 Policy.
776.4 Attorney-client relationships.
776.5 Judicial conduct.
776.6 Conflict.
776.7 Reporting requirements.
776.8 Professional Responsibility Committee.
776.9 Rules Counsel.
776.10 Informal ethics advice.
776.11 Outside part-time practice of law.
776.12 Maintenance of files.
776.13 Preamble.
776.14 Premises.
776.15-776.19 [Reserved]
Subpart B--Rules
776.20 Competence.
776.21 Establishment and scope of representation.
776.22 Diligence.
776.23 Communication.
776.24 Fees.
776.25 Confidentiality of information.
776.26 Conflict of interests: General rule.
776.27 Conflict of interests: Prohibited transactions.
776.28 Conflict of interests: Former client.
776.29 Imputed disqualification: General rule.
776.30 Successive government and private employment.
776.31 Former judge or arbitrator.
776.32 Department of the Navy as client.
776.33 Client under a disability.
776.34 Safekeeping property.
776.35 Declining or terminating representation.
776.36 Advisor.
776.37 Mediation.
776.38 Evaluation for use by third persons.
776.39 Meritorious claims and contentions.
776.40 Expediting litigation.
776.41 Candor and obligations toward the tribunal.
776.42 Fairness to opposing party and counsel.
776.43 Impartiality and decorum of tribunal.
776.44 Extra-tribunal statements.
776.45 Judge advocate as witness.
776.46 Special responsibilities of a trial counsel.
776.47 Advocate in nonadjudicative proceedings.
776.48 Truthfulness in statements to others.
776.49 Communication with person represented by counsel.
776.50 Dealing with an unrepresented person.
776.51 Respect for rights of third persons.
776.52 Responsibilities of the judge advocate general and
supervisory judge advocates.
776.53 Responsibilities of a subordinate judge advocate.
776.54 Responsibilities regarding nonlawyer assistants.
776.55 Professional independence of a judge advocate.
776.56 Unauthorized practice of law.
776.57-776.65 [Reserved]
776.66 Bar admission and disciplinary matters.
776.67 Judicial and legal officials.
776.68 Reporting professional misconduct.
776.69 Misconduct.
776.70 Jurisdiction.
776.71-776.75 [Reserved]
Subpart C--Complaint Processing Procedures
776.76 Policy.
776.77 Related investigations and actions.
776.78 Informal complaints.
776.79 The complaint.
776.80 Initial screening and Rules Counsel.
776.81 Charges.
776.82 Preliminary inquiry.
776.83 Ethics investigation.
776.84 Action by JAG.
776.85 Finality.
776.86 Report to bar.
776.87-776.89 [Reserved]
Subpart D--Outside Part-Time Law Practice of Naval Service Attorneys
776.90 Background.
776.91 Definition.
776.92 Policy.
776.93 Action.
776.94 Revalidation.
776.95 Relations with non-DOD civilian counsel.
Authority: 10 U.S.C. 826, 827; Manual for Courts-Martial, United
States, 1984; Secretary of the Navy Instruction 5430.27A,
Responsibility of the Judge Advocate General for Supervision of
Certain Legal Services; U.S. Navy Regulations, 1990.
Subpart A--General, Preamble and Premises
Sec. 776.1 Purpose.
In furtherance of the authority citations [which, if not found in
local libraries, are available from the Office of the Judge Advocate
General (Administrative Law Division), 200 Stovall Street, Alexandria,
VA 22332-2400], which require the Judge Advocate General (JAG) to
supervise the performance of legal services under his cognizance
throughout the Department of the Navy (DON), this part is promulgated--
(a) To establish Rules of Professional Conduct for DON civilian and
military attorneys practicing under the supervision of JAG;
(b) To promulgate procedures for receiving, processing, and taking
action on complaints of professional misconduct made against attorneys
practicing under the supervision of JAG, or certified by JAG under
articles 26(b) or 27(b) of the Uniform Code of Military Justice (UCMJ)
(10 U.S.C. 826(b), 827(b)); and
(c) To prescribe limitations on, and procedures for, processing
requests to engage in the part-time outside practice of law by DON
judge advocates or civilian attorneys under the supervision of JAG.
Sec. 776.2 Applicability.
(a) This part defines the professional ethical obligations of, and
applies to:
(1) Attorneys:
(i) Certified by JAG under the provisions of article 27(b), UCMJ,
10 U.S.C. 827(b);
(ii) Designated by JAG as legal assistance attorneys;
(iii) Who practice within DON and who are certified under article
27(b), UCMJ, 10 U.S.C. 827(b), or who are designated as a legal
assistance attorney by the Judge Advocate General/Chief Counsel of
another armed force, or both; and
(2) Who are not certified in accordance with article 27(b), UCMJ,
10 U.S.C. 827(b), or designated as a legal assistance attorney, but who
practice under the supervision of JAG.
(3) Military trial and appellate judges who practice or perform
legal services under the cognizance of JAG.
(4) Reserve judge advocates of the Navy or Marine Corps on active
duty, extended active duty, active duty for training, inactive duty for
training, or when performing duties subject to the supervision of JAG.
Subpart D of this part, however, does not apply to Reserve judge
advocates unless they serve on active duty for more than 30 consecutive
days.
(5) DON civilian counsel practicing under the supervision of JAG.
(6) Civilian counsel representing individual members of the naval
service in any matter for which JAG is charged with supervising the
provision of legal services including, but not limited to, courts-
martial, administrative boards, and disability evaluation proceedings.
Subpart D of this part, however, does not apply to such counsel.
(b) Although subpart B of this part does not apply to nonlawyers,
the rules in that subpart do define the type of ethical conduct that
the public and the military community have a right to expect not only
of lawyers but also of their nonlawyer employees and associates in all
matters pertaining to professional conduct. Accordingly, subpart B
shall serve as models of ethical conduct for the following personnel
when involved with the delivery of legal services under the purview of
JAG--
(1) Navy legalmen and Marine Corps legal administrative officers
and legal service specialists;
(2) Limited duty officers (law);
(3) Legal interns; and
(4) Civilian support personnel including paralegals, legal
secretaries, legal technicians, secretaries, court-reporters, and
others holding similar positions. Attorneys who supervise nonlawyer
employees are responsible for their ethical conduct to the extent
provided for in Sec. 776.54.
Sec. 776.3 Policy.
(a) DON judge advocates and civilian attorneys to whom this part
applies shall maintain the highest standards of professional ethical
conduct. Loyalty and fidelity to the United States, to the law, to
clients both institutional and individual, and to the rules and
principles of professional ethical conduct set forth in subpart B of
this part must come before private gain or personal interest.
(b) Subpart B and related procedures set forth herein concern
matters solely under the purview of JAG. Whether conduct or failure to
act constitutes a violation of the duties imposed by this part is a
matter within the sole discretion of JAG or officials authorized to act
for JAG. The subpart B rules are not substitutes for, and do not take
the place of, other rules and standards governing DON personnel such as
the Government rules of ethical conduct, the Code of Conduct, the
Uniform Code of Military Justice, and the general precepts of ethical
conduct to which all officers of the Navy and Marine Corps are expected
to adhere. Similarly, action taken pursuant to this part is not
supplanted or barred by, and does not supplant or bar, the following
action from being taken by authorized officials, even if the underlying
misconduct is the same--
(1) Punitive or disciplinary action under the UCMJ; or
(2) Administrative action under the Manual For Courts-Martial or
U.S. Navy Regulations, 1990, or under other applicable authority.
Sec. 776.4 Attorney-client relationships.
(a) The executive agency to which assigned (DON in most cases) is
the client served by each DON civilian attorney or judge advocate
unless detailed to represent another client by competent authority.
Specific guidelines are contained in Sec. 776.32.
(b) DON judge advocates and civilian attorneys will not establish
attorney-client relationships with any individual unless detailed,
assigned, or otherwise authorized to do so by competent authority.
(c) Employment of non-DON civilian counsel by an individual client
does not alter the responsibilities of a DON judge advocate or civilian
attorney to that client. Specific guidance is set forth in Sec. 776.95.
Sec. 776.5 Judicial conduct.
To the extent that it does not conflict with statutes, subpart B of
this part, or regulations of the sort mentioned in Sec. 776.3(b), the
American Bar Association's Code of Judicial Conduct applies to all
military and appellate judges and to all judge advocates and other
attorneys performing judicial functions under JAG supervision within
the Department of the Navy.
Sec. 776.6 Conflict.
To the extent that a conflict exists between subpart B of this part
and the rules of other jurisdictions that regulate the professional
conduct of attorneys, subpart B of this part will govern the conduct of
attorneys engaged in legal functions under JAG supervision.
Sec. 776.7 Reporting requirements.
Individuals subject to this part shall promptly report to the Rules
Counsel (see Sec. 776.9) discipline by another jurisdiction upon
himself, herself, or another individual subject to this part.
Sec. 776.8 Professional Responsibility Committee.
(a) Composition. This standing committee will consist of the
Assistant Judge Advocate General (AJAG) for Military Justice; the
Principal Deputy Assistant Judge Advocate General (PDAJAG) (Operations
& Management); the Chief Judge, Navy-Marine Corps Trial Judiciary; and
in cases involving Marine Corps judge advocates, the Deputy Director,
Judge Advocate Division, HQMC; and such other personnel as JAG from
time-to-time may appoint. A majority of the members constitutes a
quorum. The Chairman of the Committee shall be PDAJAG (Operations &
Management). The Chairman may excuse members disqualified for cause,
illness, or exigencies of military service, and may request JAG to
appoint additional or alternative members on a temporary or permanent
basis.
(b) Purpose. (1) When requested by JAG or by the Rules Counsel, the
Committee will provide formal advisory opinions to JAG regarding
application of subpart B of this part to individual or hypothetical
cases.
(2) On its own motion, the Committee may also issue formal advisory
opinions on ethical issues of importance to the DON legal community.
(3) Upon written request, the Committee will also provide formal
advisory opinions to individuals subject to this part about the
propriety of proposed courses of action under subpart B of this part.
If such requests are predicated upon full disclosure of all relevant
facts, and if the Committee advises that the proposed course of conduct
is not violative of subpart B of this part, then no adverse action
under this part may be taken against an individual who acts consistent
with the Committee's advice.
(4) The Committee Chairman will forward copies of all opinions
issued by the Committee to the Rules Counsel.
Sec. 776.9 Rules Counsel.
Appointed by JAG to act as a special assistant for the
administration of subpart B of this part, the Rules Counsel derives
authority from JAG and, with respect to administrative matters under
this part, has ``by direction'' authority. The Rules Counsel shall
cause opinions issued by the Professional Responsibility Committee of
general interest to the DON legal community to be published in
summarized, non-personal form in suitable publications. Unless another
officer is appointed by JAG to act in individual cases, the following
officers shall act as Rules Counsel--
(a) In cases involving Marine Corps judge advocates, Director,
Judge Advocate Division; and
(b) In all other cases, Assistant Judge Advocate General (Civil
Law).
Sec. 776.10 Informal ethics advice.
(a) Advisors. Judge advocates may seek informal ethics advice
either from the OJAG officers named below or from their supervisory
judge advocates in the field. Within the Office of the JAG, the
following officials are designated to respond to informal, oral
inquiries concerning this part in the areas of practice indicated--
(1) Head, Military Affairs/Personnel Law Branch, Administrative Law
Division: administrative boards and related matters;
(2) Deputy Director, Criminal Law Division: military justice
matters;
(3) Deputy Director, Legal Assistance Division: legal assistance
matters; and
(4) Head, Standards of Conduct/Government Ethics Branch,
Administrative Law Division: all others.
(b) Informal advice. Informal ethics advice will not be provided by
OJAG advisors concerning matters currently in litigation.
(c) Written advice. A request for informal advice does not relieve
the requestor of the obligation to comply with subpart B of this part.
Although DON judge advocates and civilian attorneys are encouraged to
seek advice when in doubt as to their responsibilities, they remain
personally responsible for their professional conduct. If, however, a
subordinate judge advocate acts in accordance with a supervisory judge
advocate's written and reasonable resolution of an arguable question,
then no adverse action under this part may be taken against the
subordinate judge advocate. JAG is not bound by unwritten advice or by
advice provided by nonsupervisors.
Sec. 776.11 Outside part-time practice of law.
A DON attorney's primary professional responsibility is to the
executive agency to which assigned, and he or she is expected to devote
the required amount of effort and time to satisfactorily accomplish
assigned duties. The outside practice of law, therefore, must be
carefully monitored. Attorneys to whom this section applies who wish to
engage in the part-time, outside practice of law must first obtain
permission from JAG. Details are contained in Subpart D of this part.
Sec. 776.12 Maintenance of files.
Ethics complaint records and outside, part-time law practice
request files shall be maintained by the Administrative Law Division,
Office of the Judge Advocate General.
(a) Files shall be labeled with the name of the individual against
whom complaints are made, or who request permission to engage in the
part-time outside practice of law, and will contain the request,
complaint, reports of investigation, related correspondence, and allied
papers.
(b) Requests for access to such records should be referred to DAJAG
(Administrative Law Division), Office of the Judge Advocate General,
200 Stovall Street, Alexandria, Virginia 22332-2400.
(c) Local command files regarding complaints will not be
maintained. Commanding officers and other supervisory personnel may,
however, maintain their own personal files but must not share their
contents with others.
Sec. 776.13 Preamble.
(a) Rules of Professional Conduct. (1) A judge advocate in the
naval service is a representative of clients, an officer of the legal
system, a commissioned officer, and a public citizen who has a special
responsibility for the quality of justice and legal services provided
to the Department of the Navy and to individual clients. The Rules of
Professional Conduct set out in subpart B of this part govern the
ethical conduct of naval judge advocates practicing under the Uniform
Code of Military Justice, the Manual for Courts-Martial, 10 U.S.C. 1044
(Legal Assistance), other laws of the United States, and regulations of
the Department of the Navy.
(2) The rules in subpart B of this part are specifically addressed
to the conduct of judge advocates but apply to all other lawyers who
practice under the supervision of the Judge Advocate General of the
Navy. (Use of the term ``judge advocate'' in subpart B applies to all
lawyers unless otherwise indicated.)
(b) [Reserved]
Sec. 776.14 Premises.
(a) The rules in subpart B of this part are based on the premises
that follow. The interpretation of subpart B of this part should flow
from their common meaning and the comments. To the extent that any
ambiguity or conflict exists, subpart B of this part should be
interpreted consistent with this hierarchy of premises.
(1) Judge advocates must obey the law and military regulations, and
counsel clients to do so.
(2) Ethical rules must be followed.
(3) Ethical rules should be consistent with law. If law and ethics
conflict, the law prevails unless an ethical rule is constitutionally
based.
(4) A judge advocate must protect the legal rights and interests of
clients, organizational and individual.
(5) The military criminal justice system is a truth-finding process
consistent with constitutional law.
(6) A judge advocate must be honest and truthful in all dealings.
(7) A judge advocate shall not derive personal gain, other than
from the U.S. Government, from the performance of official duties.
(8) A judge advocate shall maintain the integrity of the legal and
military professions.
(b) [Reserved]
Subpart B--Rules
Sec. 776.20 Competence.
(a) Competence. A judge advocate shall provide competent, diligent,
and prompt representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness, and expeditious
preparation reasonably necessary for representation. Initial
determinations as to competence of a judge advocate for a particular
assignment shall be made by a supervising judge advocate before case or
issue assignments; however, assigned judge advocates may consult with
supervisors concerning competence in a particular case.
(b) [Reserved]
Sec. 776.21 Establishment and scope of representation.
(a) Establishment and scope of representation. (1) Formation of
attorney-client relationships by judge advocates with, and
representation of, clients is permissible only when the judge advocate
is authorized to do so by competent authority.
(2) The subject matter scope of a judge advocate's representation
will be consistent with the terms of the assignment to perform specific
representational or advisory duties. A judge advocate shall inform
clients at the earliest opportunity of any limitations of
representation and professional responsibilities of the judge advocate
towards the client.
(3) A judge advocate shall follow the client's well-informed and
lawful decisions concerning case objectives, choice of counsel, forum,
pleas, whether to testify, and settlements.
(4) A judge advocate's representation of a client does not
constitute an endorsement of the client's political, economic, social,
or moral views or activities.
(5) A judge advocate shall not counsel or assist a client to engage
in conduct that the judge advocate knows is criminal or fraudulent, but
a judge advocate may discuss the legal and moral consequences of any
proposed course of conduct with a client, and may counsel or assist a
client in making a good faith effort to determine the validity, scope,
meaning, or application of the law.
(b) [Reserved]
Sec. 776.22 Diligence.
(a) Diligence. A judge advocate shall act with reasonable diligence
and promptness in representing a client, and in every case shall
consult with a client as soon as practicable and as often as necessary
upon being assigned to the case or issue.
(b) [Reserved]
Sec. 776.23 Communication.
(a) Communication. (1) A judge advocate shall keep a client
reasonably informed about the status of a matter and promptly comply
with reasonable requests for information.
(2) A judge advocate shall explain a matter to the extent
reasonably necessary to permit the client to make informed decisions
regarding the representation.
(b) [Reserved]
Sec. 776.24 Fees.
In this section, the term ``judge advocate'' refers only to judge
advocates and other attorneys employed by the Department of the Navy.
The term ``lawyer'' refers to all other lawyers subject to this subpart
B.
(a) Fees. (1) A judge advocate shall not accept any salary, fee,
compensation, or other payments or benefits, directly or indirectly,
other than government compensation, for services provided in the course
of the judge advocate's government duties or employment.
(2) A judge advocate shall not accept any salary or other payments
as compensation for legal services rendered, by that judge advocate in
a private capacity, to a client who is eligible for assistance under
the Department of the Navy Legal Assistance Program, unless so
authorized by the Judge Advocate General. This paragraph (a)(2) does
not apply to Reserve judge advocates not serving on extended active
duty.
(3) A Reserve judge advocate, whether or not serving on extended
active duty, who has initially represented or interviewed a client or
prospective client concerning a matter as part of the judge advocate's
official Navy or Marine Corps duties, shall not accept any salary or
other payments as compensation for services rendered to that client in
a private capacity concerning the same general matter for which the
client was seen in an official capacity, unless authorized by the Judge
Advocate General to do so.
(4) A judge advocate shall not accept any payments or benefits,
actual or constructive, directly or indirectly, for making a referral
of a client.
(5) Lawyers not employed by the Federal Government may charge fees.
Fees shall be reasonable. Factors considered in determining the
reasonableness of a fee include the following:
(i) The time and labor required, the novelty and difficulty of the
questions involved, and the skill requisite to perform the legal
service properly;
(ii) The likelihood, if apparent to the client, that the acceptance
of the particular employment will preclude other employment by the
lawyer;
(iii) The fee customarily charged in the locality for similar legal
services;
(iv) The amount involved and the results obtained;
(v) The time limitations imposed by the client or by the
circumstances;
(vi) The nature and length of the professional relationship with
the client;
(vii) The experience, reputation, and ability of the lawyer or
lawyers performing the services; and
(viii) Whether the fee is fixed or contingent.
(6) When the lawyer has not regularly represented the client, the
basis or rate of the fee shall be communicated to the client,
preferably in writing, before or within a reasonable time after
commencing in representation.
(7) A fee may be contingent on the outcome of the matter for which
the service is rendered, except in a matter in which a contingent fee
is prohibited by paragraph (a)(8) of this section or other law. A
contingent fee agreement shall be in writing and shall state the method
by which the fee is to be determined, including the percentage or
percentages that shall accrue to the lawyer in the event of settlement,
trial or appeal, litigation and other expenses to be deducted from the
recovery, and whether such expenses are to be deducted before or after
the contingent fee is calculated. Upon conclusion of a contingent fee
matter, the lawyer shall provide the client with a written statement
stating the outcome of the matter and, if there is a recovery, showing
the remittance to the client and the method of its determination.
(8) A lawyer shall not enter into an arrangement for, charge, or
collect:
(i) Any fee in a domestic relations matter, the payment or amount
of which is contingent upon the securing of a divorce or upon the
amount of alimony or support, or property settlement in lieu thereof,
or
(ii) A contingent fee for representing an accused in a criminal
case.
(9) A division of fee between lawyers who are not in the same firm
may be made only if:
(i) The division is in proportion to the services performed by each
lawyer or, by written agreement with the client, each lawyer assumes
joint responsibility for the representation;
(ii) The client is advised of and does not object to the
participation of all the lawyers involved; and
(iii) The total fee is reasonable.
(b) [Reserved]
Sec. 776.25 Confidentiality of information.
(a) Confidentiality of information. (1) A judge advocate shall not
reveal information relating to representation of a client unless the
client consents after consultation, except for disclosures that are
impliedly authorized in order to carry out the representation, and
except as stated in paragraphs (a)(2) and (a)(3) of this section.
(2) A judge advocate shall reveal such information to the extent
the judge advocate reasonably believes necessary to prevent the client
from committing a criminal act that the judge advocate believes is
likely to result in imminent death or substantial bodily harm, or
significant impairment of national security or the readiness or
capability of a military unit, vessel, aircraft, or weapon system.
(3) A judge advocate may reveal such information to the extent the
judge advocate reasonably believes necessary to establish a claim or
defense on behalf of the judge advocate in a controversy between the
judge advocate and the client, to establish a defense to a criminal
charge or civil claim against the judge advocate based upon conduct in
which the client was involved, or to respond to allegations in any
proceeding concerning the judge advocate's representation of the
client.
(b) [Reserved]
Sec. 776.26 Conflict of interests: General rule.
(a) Conflict of Interests: General rule. (1) A judge advocate shall
not represent a client if the representation of that client will be
directly adverse to another client, unless:
(i) The judge advocate reasonably believes the representation will
not adversely affect the relationship with the other client; and
(ii) Each client consents after consultation.
(2) A judge advocate shall not represent a client if the
representation of that client may be materially limited by the judge
advocate's responsibilities to another client or to a third person, or
by the judge advocate's own interests, unless:
(i) The judge advocate reasonably believes the representation will
not be adversely affected; and,
(ii) The client consents after consultation. When representation of
multiple clients in a single matter is undertaken, the consultation
shall include explanation of the implications of the common
representation and the advantages and risks involved.
(b) [Reserved]
Sec. 776.27 Conflict of interests: Prohibited transactions.
(a) Conflict of interests: Prohibited transactions. (1) Judge
advocates shall strictly adhere to current Department of the Navy
Standards of Conduct Regulations and shall not:
(i) Knowingly enter into any business transactions on behalf of, or
adverse to, a client's interest which directly or indirectly relate to
or result from the attorney-client relationship, or otherwise profit,
directly or indirectly, through knowledge acquired during the course of
the judge advocate's official duties;
(ii) Accept compensation or gifts in any form from a client or
other person or entity, other than the U.S. Government, for the
performance of official duties;
(iii) Provide any financial assistance to a client or otherwise
serve in a financial or proprietorial fiduciary or bailment
relationship, unless otherwise specifically authorized by competent
authority;
(iv) Negotiate any settlement on behalf of multiple clients in a
single matter unless each client provides his or her fully informed
consent;
(v) Represent a client whose interests are materially adverse to
the interests of a former client, unless the former client consents, or
use information from the former representation to the disadvantage of
that former client, except as permitted or required under Sec. 776.26
or when the information has become otherwise generally known;
(vi) make any referrals of legal or other business to any non-
governmental lawyer or enterprise with whom the judge advocate has any
present or expected direct or indirect personal interest; any referrals
must be made strictly without regard to personal interests of the judge
advocate, and special care shall be taken not to give preferential
treatment to Reserve judge advocates or other government attorneys in
their private capacities;
(vii) Make or negotiate an agreement giving the judge advocate
literary or media rights for a portrayal or account based in
substantial part on information relating to representation of a client;
or,
(viii) Represent a client in a matter directly adverse to a person
who the judge advocate knows is represented by another lawyer who is
related as parent, child, sibling or spouse to the judge advocate,
except upon consent by the client after consultation regarding the
relationship.
(2) [Reserved]
(b) [Reserved]
Sec. 776.28 Conflict of interests: Former client.
(a) Conflict of interests: Former client. (1) A judge advocate who
has represented a client in a matter shall not thereafter:
(i) Represent another person in the same or a substantially related
matter in which the person's interests are materially adverse to the
interests of the former client, unless the former client consents after
consultation; or,
(ii) Use information relating to the representation to the
disadvantage of the former client or to the judge advocate's own
advantage, except as Sec. 776.25 would permit with respect to a client
or when the information has become generally known.
(2) [Reserved]
(b) [Reserved]
Sec. 776.29 Imputed disqualification: General rule.
Judge advocates working in the same military law office are not
automatically disqualified from representing a client because any of
them practicing alone would be prohibited from doing so by Sec. 776.26,
Sec. 776.27, 776.28, or Sec. 776.37.
Sec. 776.30 Successive government and private employment.
(a) Successive government and private employment. (1) Except as the
law or regulations may otherwise expressly permit, a former judge
advocate shall not represent a private client in connection with a
matter in which the judge advocate participated personally and
substantially as a public officer or employee, unless the appropriate
government agency consents after consultation. If a former judge
advocate in a firm with which that judge advocate is associated knows
that the firm or anyone associated with the firm is undertaking or
continuing representation in such a matter:
(i) The disqualified former judge advocate must ensure that he or
she is screened from any participation in the matter and is apportioned
no part of the fee or any other benefit therefrom; and,
(ii) Must provide written notice promptly to the appropriate
government agency to enable it to ascertain compliance with the
provisions of this section.
(2) Except as the law or regulations may otherwise expressly
permit, a former judge advocate who has information known to be
confidential government information about a person which was acquired
when the former judge advocate was a public officer may not represent a
private client whose interests are adverse to that person in a matter
in which the information could be used to the material disadvantage of
that person. The former judge advocate may continue association with
the firm only if the disqualified judge advocate is screened from any
participation in the matter and is apportioned no part of the fee or
any other benefit therefrom.
(3) Except as the law or regulations may otherwise expressly
permit, a judge advocate shall not:
(i) Participate in a matter in which the judge advocate
participated personally and substantially while in private practice or
nongovernmental employment, unless under applicable law no one is, or
by lawful delegation may be, authorized to act in the judge advocate's
stead in the matter; or,
(ii) Negotiate for private employment with any person who is
involved as a party or as attorney for a party in a matter in which the
judge advocate is participating personally and substantially.
(4) As used in this section, the term ``matter'' includes:
(i) Any judicial or other proceeding, application, request for a
ruling or other determination, contract, claim, controversy,
investigation, charge, accusation, arrest or other particular matter
involving a specific party or parties; and,
(ii) Any other matter covered by the conflict of interest rules of
the appropriate government agency.
(5) As used in this section, the term ``confidential governmental
information'' means information which has been obtained under
governmental authority and which, at the time this section is applied,
the government is prohibited by law or regulations from disclosing to
the public or has a legal privilege not to disclose, and which is not
otherwise available to the public.
(b) [Reserved]
Sec. 776.31 Former judge or arbitrator.
(a) Former judge or arbitrator. (1) Except as stated in paragraph
(a)(3) of this section, a judge advocate shall not represent anyone in
connection with a matter in which the judge advocate participated
personally and substantially as a judge or other adjudicative officer,
arbitrator, or law clerk to such a person, unless all parties to the
proceeding consent after disclosure.
(2) A judge advocate shall not negotiate for employment with any
person who is involved as a party or as attorney for a party in a
matter in which the judge advocate is participating personally and
substantially as a judge or other adjudicative officer. A judge
advocate serving as law clerk to a judge, other adjudicative officer,
or arbitrator may negotiate for employment with a party or attorney
involved in a matter in which the clerk is participating personally and
substantially, but only after the judge advocate has notified the
judge, other adjudicative officer, or arbitrator.
(3) An arbitrator selected as a partisan of a party in a multi-
member arbitration panel is not prohibited from subsequently
representing that party.
(b) [Reserved]
Sec. 776.32 Department of the Navy as client.
(a) Department of the Navy as client. (1) Except when representing
an individual client pursuant to paragraph (a)(6) of this section, a
judge advocate for the naval service represents the Department of the
Navy (or the Executive agency to which assigned) acting through its
authorized officials. These officials include the heads of
organizational elements within the naval service, such as the
commanders of fleets, divisions, ships and other heads of activities.
When a judge advocate for the naval service is assigned to such an
organizational element and designated to provide legal services to the
head of the organization, a lawyer-client relationship exists between
the judge advocate and the Department of the Navy as represented by the
head of the organization as to matters within the scope of the official
business of the organization. The head of the organization may not
invoke the lawyer-client privilege or the rule of confidentiality for
the head of the organization's own benefit but may invoke either for
the benefit of the Department of the Navy. In invoking either the
lawyer-client privilege or lawyer-client confidentiality on behalf of
the Department of the Navy, the head of the organization is subject to
being overruled by higher authority.
(2) If a judge advocate knows that an officer, employee, or other
member associated with the organizational client is engaged in action,
intends to act or refuses to act in a matter related to the
representation that is either adverse to the legal interests or
obligations of the Department of the Navy or a violation of law which
reasonably might be imputed to the Department, the judge advocate shall
proceed as is reasonably necessary in the best interest of the naval
service. In determining how to proceed, the judge advocate shall give
due consideration to the seriousness of the violation and its
consequences, the scope and nature of the judge advocate's
representation, the responsibility in the naval service and the
apparent motivation of the person involved, the policies of the naval
service concerning such matters, and any other relevant considerations.
Any measures taken shall be designed to minimize prejudice to the
interests of the naval service and the risk of revealing information
relating to the representation to persons outside the service. Such
measures shall include among others:
(i) Advising the head of the organization that his or her personal
legal interests are at risk and that he or she should consult counsel
as there may exist a conflict of interests for the judge advocate, and
the judge advocate's responsibility is to the organization;
(ii) Asking for reconsideration of the matter by the acting
official;
(iii) Advising that a separate legal opinion on the matter be
sought for presentation to appropriate authority in the naval service;
or,
(iv) Referring the matter to, or seeking guidance from, higher
authority in the technical chain-of-command including, if warranted by
the seriousness of the matter, referral to the staff judge advocate
assigned to the staff of the acting official's next superior in the
technical chain-of-command.
(3) If, despite the judge advocate's efforts pursuant to paragraph
(a)(2) of this section, the highest authority that can act concerning
the matter insists upon action or refuses to act, in clear violation of
law, the judge advocate may terminate representation with respect to
the matter in question. In no event shall the lawyer participate or
assist in the illegal activity.
(4) In dealing with the officers, employees, or members of the
naval service a judge advocate shall explain the identity of the client
when it is apparent that the naval service's interests are adverse to
those of the officer's, employee's, or member's.
(5) A judge advocate representing the naval service may also
represent any of its officers, employees, or members, subject to the
provisions of Sec. 776.26 and other applicable authority. If the
Department of the Navy's consent to dual representation is required by
Sec. 776.26, the consent shall be given by an appropriate official of
the Department of the Navy other than the individual who is to be
represented.
(6) A judge advocate who has been duly assigned to represent an
individual who is subject to disciplinary action or administrative
proceedings, or to provide legal assistance to an individual, has, for
those purposes, an attorney-client relationship with that individual.
(b) [Reserved]
Sec. 776.33 Client under a disability.
(a) Client under a disability. (1) When a client's ability to make
adequately considered decisions in connection with the representation
is impaired, whether because of minority, mental disability, or for
some other reason, the judge advocate shall, as far as reasonably
possible, maintain a normal attorney-client relationship with the
client.
(2) A judge advocate may seek the appointment of a guardian or take
other protective action with respect to a client only when the judge
advocate reasonably believes that the client cannot adequately act in
the client's own interest.
(b) [Reserved]
Sec. 776.34 Safekeeping property.
Judge advocates shall not normally hold or safeguard property of a
client or third persons in connection with representational duties
under Sec. 776.27(a)(1)(iii).
Sec. 776.35 Declining or terminating representation.
(a) Declining or terminating representation. (1) Except as stated
in paragraph (a)(3) of this section, a judge advocate shall not
represent a client or, when representation has commenced, shall seek to
withdraw from the representation of a client, if:
(i) The representation will result in violation of this subpart B
or other law or regulation;
(ii) The judge advocate's physical or mental condition materially
impairs his or her ability to represent the client; or
(iii) The judge advocate is dismissed by the client.
(2) Except as stated in paragraph (a)(3) of this section, a judge
advocate may seek to withdraw from representing a client if withdrawal
can be accomplished without material adverse effect on the interests of
the client, or if:
(i) The client persists in a course of action involving the judge
advocate's services that the judge advocate reasonably believes is
criminal or fraudulent;
(ii) The client has used the judge advocate's services to
perpetrate a crime or fraud;
(iii) The client insists upon pursuing an objective that the judge
advocate considers repugnant or imprudent; or,
(iv) Other good cause for withdrawal exists.
(3) When ordered to do so by a tribunal or other competent
authority, a judge advocate shall continue representation
notwithstanding good cause for terminating the representation.
(4) Upon termination of representation, a judge advocate shall take
steps to the extent reasonably practicable to protect a client's
interests, such as giving reasonable notice to the client, allowing
time for assignment or employment of other counsel and surrendering
papers and property to which the client is entitled and, if a civilian
lawyer is involved, refunding any advance payment of fee that has not
been earned. The judge advocate may retain papers relating to the
client to the extent permitted by law.
(b) [Reserved]
Sec. 776.36 Advisor.
In representing a client, a judge advocate shall exercise
independent professional judgment and render candid advice. In
rendering advice, a judge advocate should refer not only to law but to
other considerations such as moral, economic, social, and political
factors that may be relevant to the client's situation.
Sec. 776.37 Mediation.
(a) Mediation. (1) A judge advocate may act as a mediator between
individuals or clients if:
(i) The judge advocate consults with each individual concerning the
implications of the mediation, including the advantages and risks
involved, and the effect on the attorney-client confidentiality, and
obtains each individual's consent to the mediation;
(ii) The judge advocate reasonably believes that the matter can be
resolved on terms compatible with each individual's best interests,
that each individual will be able to make adequately informed decisions
in the matter, and that there is little risk of material prejudice to
the interests of any of the individuals if the contemplated resolution
is unsuccessful; and,
(iii) The judge advocate reasonably believes that the mediation can
be undertaken impartially and without improper effect on other
responsibilities the judge advocate has to any of the individuals.
(2) While acting as a mediator, the judge advocate shall consult
with each individual concerning the decisions to be made and the
considerations relevant in making them, so that each individual can
make adequately informed decisions.
(3) A judge advocate shall withdraw as a mediator if any of the
individuals so requests, or if any of the conditions stated in
paragraph (a) of this section is no longer satisfied. Upon withdrawal,
the judge advocate shall not continue to mediate among any of the
individuals in the matter that was the subject of the mediation unless
each individual consents.
(b) [Reserved]
Sec. 776.38 Evaluation for use by third persons.
(a) Evaluation for use by third persons. (1) A judge advocate may
undertake an evaluation of a matter affecting a client for the use of
someone other than the client if:
(i) The judge advocate reasonably believes that making the
evaluation is compatible with other aspects of the judge advocate's
relationship with the client; and
(ii) The client consents after consultation.
(2) Except as disclosure is required in connection with a report of
an evaluation, information relating to the evaluation is otherwise
protected by Sec. 776.25.
(b) [Reserved]
Sec. 776.39 Meritorious claims and contentions.
A judge advocate shall not bring or defend a proceeding, or assert
or controvert an issue therein, unless there is a basis for doing so
that is not frivolous, or which includes a good-faith argument for an
extension, modification, or reversal of existing law. A judge advocate
representing an accused in a criminal proceeding or the respondent in
an administrative proceeding that could result in incarceration,
discharge from the naval service, or other adverse personnel action,
may nevertheless defend the client at the proceeding to ensure that
every element of the case is established.
Sec. 776.40 Expediting litigation.
A judge advocate shall make reasonable efforts to expedite
litigation or other proceedings consistent with the interests of the
client and the judge advocate's responsibilities to tribunals.
Sec. 776.41 Candor and obligations toward the tribunal.
(a) Candor and obligations toward the tribunal. (1) A judge
advocate shall not knowingly:
(i) Make a false statement of material fact or law to a tribunal;
(ii) Fail to disclose a material fact to a tribunal when disclosure
is necessary to avoid assisting a criminal or fraudulent act by the
client;
(iii) Fail to disclose to the tribunal legal authority in the
controlling jurisdiction known to the judge advocate to be directly
adverse to the position of the client and not disclosed by opposing
counsel;
(iv) Offer evidence that the judge advocate knows to be false (if a
judge advocate has offered material evidence and comes to know of its
falsity, the judge advocate shall take reasonable remedial measures);
or
(v) Disobey an order imposed by a tribunal unless done openly
before the tribunal in a good-faith assertion that no valid order
should exist.
(2) The duties stated in paragraph (a) of this section continue to
the conclusion of the proceedings, and apply even if compliance
requires disclosure of information otherwise protected by Sec. 776.25.
(3) A judge advocate may refuse to offer evidence that the judge
advocate reasonably believes is false.
(4) In an ex parte proceeding, a judge advocate shall inform the
tribunal of all material facts known to the judge advocate which are
necessary to enable the tribunal to make an informed decision, whether
or not the facts are adverse.
(b) [Reserved]
Sec. 776.42 Fairness to opposing party and counsel.
(a) Fairness to opposing party and counsel. (1) A judge advocate
shall not:
(i) Unlawfully obstruct another party's access to evidence or
unlawfully alter, destroy, or conceal a document or other material
having potential evidentiary value; a judge advocate shall not counsel
or assist another person to do any such act;
(ii) Falsify evidence, counsel or assist a witness to testify
falsely, or offer an inducement to a witness that is prohibited by law;
(iii) In pretrial procedure, make a frivolous discovery request or
fail to make reasonably diligent effort to comply with a legally proper
discovery request by an opposing party;
(iv) In trial, allude to any matter that the judge advocate does
not reasonably believe is relevant or that will not be supported by
admissible evidence, assert personal knowledge of facts in issue except
when testifying as a witness, or state a personal opinion as to the
justness of a cause, the credibility of a witness, the culpability of a
civil litigant, or the guilt or innocence of an accused; or
(v) Request a person other than a client to refrain from
voluntarily giving relevant information to another party unless:
(A) The person is a relative, an employee, or other agent of a
client; and
(B) The judge advocate reasonably believes that the person's
interests will not be adversely affected by refraining from giving such
information.
(2) [Reserved]
(b) [Reserved]
Sec. 776.43 Impartiality and decorum of the tribunal.
(a) Impartiality and decorum the tribunal. (1) A judge advocate
shall not:
(i) Seek to influence a judge, court member, member of a tribunal,
prospective court member or member of a tribunal, or other official by
means prohibited by law or regulation;
(ii) Communicate ex parte with such a person except as permitted by
law or regulation; or
(iii) Engage in conduct intended to disrupt a tribunal.
(2) [Reserved]
(b) [Reserved]
Sec. 776.44 Extra-tribunal statements.
(a) Extra-tribunal statements. (1) A judge advocate shall not make
an extrajudicial statement about any person or case pending
investigation or adverse administrative or disciplinary proceedings
that a reasonable person would expect to be disseminated by means of
public communication if the judge advocate knows or reasonably should
know that it will have a substantial likelihood of materially
prejudicing an adjudicative proceeding or an official review process
thereof.
(2) A statement referred to in paragraph (a) of this section
ordinarily is likely to have such an effect when it refers to a civil
matter triable to a jury, a criminal matter or any other proceeding
that could result in incarceration, discharge from the naval service,
or other adverse personnel action, and the statement relates to:
(i) The character, credibility, reputation, or criminal record of a
party, suspect in a criminal investigation, or witness, or the identity
of a witness, or the expected testimony of a party or witness;
(ii) The possibility of a plea of guilty to the offense or the
existence or contents of any confession, admission, or statement given
by an accused or suspect or that person's refusal or failure to make a
statement;
(iii) The performance or results of any examination or test or the
refusal or failure of a person to submit to an examination or test, or
the identity or nature of physical evidence expected to be presented;
(iv) Any opinion as to the guilt or innocence of an accused or
suspect in a criminal case or other proceeding that could result in
incarceration, discharge from the naval service, or other adverse
personnel action;
(v) Information the judge advocate knows or reasonably should know
is likely to be inadmissible as evidence before a tribunal and would,
if disclosed, create a substantial risk of materially prejudicing an
impartial proceeding;
(vi) The fact that an accused has been charged with a crime, unless
there is included therein a statement explaining that the charge is
merely an accusation and that the accused is presumed innocent until
and unless proven guilty; or
(vii) The credibility, reputation, motives, or character of
civilian or military officials of the Department of Defense.
(3) Notwithstanding paragraphs (a)(1) and (a)(2) (i) through (v) of
this section, a judge advocate involved in the investigation or
litigation of a matter may state without elaboration:
(i) The general nature of the claim or defense;
(ii) The information contained in a public record;
(iii) That an investigation of the matter is in progress, including
the general scope of the investigation, the offense or claim or defense
involved and, except when prohibited by law, the identity of the
persons involved;
(iv) The scheduling or result of any step in litigation;
(v) A request for assistance in obtaining evidence and information
necessary thereto;
(vi) A warning of danger concerning the behavior of the person
involved, when there is reason to believe that there exists the
likelihood of substantial harm to an individual or to the public
interest; and
(vii) In a criminal case:
(A) The identity, duty station, occupation, and family status of
the accused;
(B) If the accused has not been apprehended, information necessary
to aid in apprehension of that person;
(C) The fact, time, and place of apprehension; and
(D) The identity of investigating and apprehending officers or
agencies and the length of the investigation.
(4) The protection and release of information in matters pertaining
to the Department of the Navy is governed by such statutes as the
Freedom of Information Act and the Privacy Act, in addition to those
governing protection of national defense information. In addition,
other laws and regulations may further restrict the information that
can be released or the source from which it is to be released.
(b) [Reserved]
Sec. 776.45 Judge advocate as witness.
(a) Judge advocate as witness. (1) A judge advocate shall not act
as advocate at a trial in which the judge advocate is likely to be a
necessary witness except when:
(i) The testimony relates to an uncontested issue;
(ii) The testimony relates to the nature and quality of legal
services rendered in the case; or
(iii) Disqualification of the judge advocate would work substantial
hardship on the client.
(2) A judge advocate may act as advocate in a trial in which
another judge advocate or lawyer in the judge advocate's office is
likely to be called as a witness, unless precluded from doing so by
Sec. 776.26 or Sec. 776.28.
(b) [Reserved]
Sec. 776.46 Special responsibilities of a trial counsel.
(a) Special responsibilities of a trial counsel. (1) A trial
counsel shall:
(i) Recommend to the convening authority that any charge or
specification not warranted by the evidence be withdrawn;
(ii) Make reasonable efforts to assure that the accused has been
advised of the right to, and the procedure for obtaining, counsel and
has been given reasonable opportunity to obtain counsel;
(iii) Not seek to obtain from an unrepresented accused a waiver of
important pretrial rights;
(iv) Make timely disclosure to the defense of all evidence or
information known to the judge advocate that tends to negate the guilt
of the accused or mitigates the offense, and, in connection with
sentencing, disclose to the defense all unprivileged mitigating
information known to the judge advocate, except when the judge advocate
is relieved of this responsibility by a protective order or regulation;
and
(v) Exercise reasonable care to prevent investigators, law
enforcement personnel, employees, or other persons assisting or
associated with the judge advocate in a criminal case from making an
extrajudicial statement that the trial counsel would be prohibited from
making under Sec. 776.44.
(2) [Reserved]
(b) [Reserved]
Sec. 776.47 Advocate in nonadjudicative proceedings.
A judge advocate representing a client before a legislative or
administrative tribunal in a nonadjudicative proceeding shall disclose
that the appearance is in a representative capacity and shall conform
to the provisions of Sec. 776.41, Sec. 776.42, and Sec. 776.43.
Sec. 776.48 Truthfulness in statements to others.
(a) Truthfulness in statements to others. In the course of
representing a client a judge advocate shall not knowingly:
(1) Make a false statement of material fact or law to a third
person; or
(2) Fail to disclose a material fact to a third person when
disclosure is necessary to avoid assisting a criminal or fraudulent act
by a client, unless disclosure is prohibited by Sec. 776.25.
(b) [Reserved]
Sec. 776.49 Communication with person represented by counsel.
In representing a client, a judge advocate shall not communicate
about the subject of the representation with a party the judge advocate
knows to be represented by another judge advocate in the matter, unless
the judge advocate has the consent of the other judge advocate or is
authorized by law to do so.
Sec. 776.50 Dealing with an unrepresented person.
When dealing on behalf of a client with a person who is not
represented by counsel, a judge advocate shall not state or imply that
the judge advocate is disinterested. When the judge advocate knows or
reasonably should know that the unrepresented person misunderstands the
judge advocate's role in the matter, the judge advocate shall make
reasonable efforts to correct the misunderstanding.
Sec. 776.51 Respect for rights of third persons.
In representing a client, a judge advocate shall not use means that
have no substantial purpose other than to embarrass, delay, or burden a
third person, or use methods of obtaining evidence that violate the
legal rights of such a person.
Sec. 776.52 Responsibilities of the Judge Advocate General and
supervisory judge advocates.
(a) Responsibilities of the Judge Advocate General and supervisory
judge advocates. (1) The Judge Advocate General and supervisory judge
advocates shall make reasonable efforts to ensure that all judge
advocates conform to this subpart.
(2) A judge advocate having direct supervisory authority over
another judge advocate shall make reasonable efforts to ensure that the
other judge advocate conforms to this subpart.
(3) A supervisory judge advocate shall be responsible for another
subordinate judge advocate's violation of this subpart if:
(i) The supervisory judge advocate orders or, with knowledge of the
specific conduct, ratifies the conduct involved; or
(ii) The supervisory judge advocate has direct supervisory
authority over the other judge advocate and knows of the conduct at a
time when its consequences can be avoided or mitigated but fails to
take reasonable remedial action.
(4) A supervisory judge advocate is responsible for ensuring that
the subordinate judge advocate is properly trained and is competent to
perform the duties to which the subordinate judge advocate is assigned.
(b) [Reserved]
Sec. 776.53 Responsibilities of a subordinate judge advocate.
(a) Responsibilities of a subordinate judge advocate. (1) A judge
advocate is bound by this subpart notwithstanding that the judge
advocate acted at the direction of another person.
(2) In recognition of a judge advocate's unique dual role as a
commissioned officer and lawyer, subordinate judge advocates shall obey
lawful directives and regulations of supervisory judge advocates when
not inconsistent with this subpart or the duty of a judge advocate to
exercise independent professional judgment as to the best interest of
an individual client.
(3) A subordinate judge advocate does not violate this subpart if
that judge advocate acts in accordance with a supervisory judge
advocate's written and reasonable resolution of an arguable question of
professional duty.
(b) [Reserved]
Sec. 776.54 Responsibilities regarding nonlawyer assistants.
(a) Responsibilities regarding nonlawyer assistants
(1) With respect to a nonlawyer under the authority, supervision,
or direction of a judge advocate:
(i) The senior supervisory judge advocate in an office shall make
reasonable efforts to ensure that the person's conduct is compatible
with the professional obligations of the judge advocate;
(ii) A judge advocate having direct supervisory authority over the
nonlawyer shall make reasonable efforts to ensure that the person's
conduct is compatible with the professional obligations of the judge
advocate; and
(iii) A judge advocate shall be responsible for conduct of such a
person that would be a violation of this subpart B if engaged in by a
judge advocate if:
(A) The judge advocate orders or, with the knowledge of the
specific conduct, ratifies the conduct involved; or
(B) The judge advocate has direct supervisory authority over the
person, and knows of the conduct at a time when its consequences can be
avoided or mitigated but fails to take reasonable remedial action.
(2) [Reserved]
(b) [Reserved]
Sec. 776.55 Professional independence of a judge advocate.
(a) Professional independence of a judge advocate. (1)
Notwithstanding a judge advocate's status as a commissioned officer
subject, generally, to the authority of superiors, a judge advocate
detailed or assigned to represent an individual member or employee of
the Department of the Navy is expected to exercise unfettered loyalty
and professional independence during the representation consistent with
this subpart and remains ultimately responsible for acting in the best
interest of the individual client.
(2) The exercise of professional judgment in accordance with
paragraph (a)(1) of this section shall not, standing alone, be a basis
for an adverse evaluation or other prejudicial action.
(b) [Reserved]
Sec. 776.56 Unauthorized practice of law.
(a) Unauthorized practice of law. (1) A judge advocate shall not:
(i) Except as authorized by an appropriate military department,
practice law in a jurisdiction where doing so is prohibited by the
regulations of the legal profession in that jurisdiction; or
(ii) Assist a person who is not a member of the bar in the
performance of activity that constitutes the unauthorized practice of
law.
(2) [Reserved]
(b) [Reserved]
Secs. 776.57-776.65 [Reserved]
Sec. 776.66 Bar admission and disciplinary matters.
(a) Bar admission and disciplinary matters. (1) A judge advocate in
connection with a bar admission application, application for
appointment or for active duty as a judge advocate, certification by
the Judge Advocate General, or a disciplinary matter, shall not:
(i) Knowingly make a false statement of fact; or
(ii) Fail to disclose a fact necessary to correct a misapprehension
known by the person to have arisen in the matter, or knowingly fail to
respond to a lawful demand for information from an admissions or
disciplinary authority, except that this section does not require
disclosure of information otherwise protected by Sec. 776.25.
(2) [Reserved]
(b) [Reserved]
Sec. 776.67 Judicial and legal officials.
A judge advocate shall not make a statement that the judge advocate
knows to be false or with reckless disregard as to its truth or falsity
concerning the qualifications or integrity of a judge, investigating
officer, hearing officer, adjudicatory officer, or public legal
officer, or of a candidate for election or appointment to judicial or
legal office.
Sec. 776.68 Reporting professional misconduct.
(a) Reporting professional misconduct. (1) A judge advocate having
knowledge that another judge advocate has committed a violation of this
subpart that raises a substantial question as to that judge advocate's
honesty, trustworthiness, or fitness as a judge advocate in other
respects, shall report such a violation pursuant to regulations
promulgated by the Judge Advocate General.
(2) A judge advocate having knowledge that a judge has committed a
violation of applicable rules of judicial conduct that raises a
substantial question as to the judge's fitness for office shall report
such a violation pursuant to regulations promulgated by the Judge
Advocate General.
(3) This section does not require disclosure of information
otherwise protected by Sec. 776.25.
(b) [Reserved]
Sec. 776.69 Misconduct.
(a) Misconduct. (1) It is professional misconduct for a judge
advocate to:
(i) Violate or attempt to violate this subpart, knowingly assist or
induce another to do so, or do so through the acts of another;
(ii) Commit a criminal act that reflects adversely on the judge
advocate's honesty, trustworthiness, or fitness as a judge advocate in
other respects;
(iii) Engage in conduct involving dishonesty, fraud, deceit, or
misrepresentation;
(iv) Engage in conduct that is prejudicial to the administration of
justice;
(v) State or imply an ability to influence improperly a government
agency or official; or
(vi) Knowingly assist a judge or judicial officer in conduct that
is a violation of applicable rules of judicial conduct or other law.
(2) [Reserved]
(b) [Reserved]
Sec. 776.70 Jurisdiction.
Judge advocates shall be governed by this part.
Secs. 776.71-776.75 [Reserved]
Subpart C--Complaint Processing Procedures
Sec. 776.76 Policy.
(a) It is JAG's policy to expeditiously and fairly investigate and
resolve all allegations of professional impropriety lodged against
attorneys under JAG supervision. (As used hereinafter, the term ``judge
advocates'' refers to all attorneys under JAG supervision.)
(b) JAG approval will be obtained through the Rules Counsel before
conducting any formal investigation or preliminary inquiry into an
alleged violation of subpart B or the Code of Judicial Conduct. The
preliminary inquiry and subsequent investigation will be conducted
according to the procedures set forth in this part.
Sec. 776.77 Related investigations and actions.
Acts or omissions may constitute professional misconduct, criminal
misconduct, or poor performance of duty. Care must be taken to
distinguish among the different aspects of a judge advocate's conduct
to determine who may take official action.
(a) Legal ethics and questions involving the professional
misconduct of judge advocates are within the exclusive province of JAG.
Ethical or professional misconduct will not be attributed to any judge
advocate in any official record without a final JAG determination, made
under this part, that such misconduct has occurred.
(b) Poor performance is properly addressed by the judge advocate's
reporting senior through a variety of administrative actions, including
fitness reports. Criminal misconduct is properly addressed by the judge
advocate's commander through disciplinary action under the UCMJ or
through referral to appropriate civil authority.
(c) Prior JAG approval is not required to investigate allegations
of criminal conduct or poor performance of duty involving judge
advocates.
(d) When, however, investigations into criminal conduct or poor
performance reveal conduct that constitutes a violation of this part,
or of the Code of Judicial Conduct in the case of judges, such conduct
shall be reported to the Rules Counsel immediately.
(e) Inquiries into professional misconduct allegations will
normally be held in abeyance until related criminal investigations are
completed.
Sec. 776.78 Informal complaints.
Informal, anonymous, or ``hot line'' type complaints alleging
professional misconduct must be referred to appropriate authority (such
as the JAG Inspector General or the concerned commander) for
appropriate inquiry. Such complaints are not, by themselves, cognizable
under this part but may, if reasonably confirmed upon appropriate
inquiry, be the basis of a formal complaint described in Sec. 776.79.
Sec. 776.79 The complaint.
The complaint shall--
(a) Be in writing and signed by the complainant;
(b) State that the complainant has personal knowledge, or has
otherwise received reliable information indicating, that:
(1) The judge advocate concerned is, or has been, engaged in
misconduct that demonstrates a lack of integrity or a failure to meet
the ethical standards of the profession, or both; or
(2) The judge advocate concerned is ethically, professionally, or
morally unqualified to perform his or her duties; and
(c) Contain a complete, factual statement of the acts or omissions
constituting the substance of the complaint, as well as a description
of any attempted resolution with the attorney concerned. Supporting
statements, if any, should be attached to the complaint.
Sec. 776.80 Initial screening and Rules Counsel.
(a) The complaint shall be forwarded to the Judge Advocate General
(Administrative Law Division) with a copy to the judge advocate
concerned. The complaint shall be logged and then forwarded to the
Rules Counsel.
(1) In cases involving Marine Corps judge advocates, the Director,
Judge Advocate Division shall act as Rules Counsel.
(2) In all other cases, the Assistant Judge Advocate General (Civil
Law) shall act as Rules Counsel.
(b) The Rules Counsel shall review the complaint to determine
whether, if true,--
(1) It alleges ineffective assistance of counsel, or other
violations of subpart B of this part, as a matter of defense in a
court-martial, administrative board, or nonjudicial punishment
proceeding and, if so, the Rules Counsel shall forward it to the proper
appellate authority for appropriate action and return;
(2) In other cases, it establishes probable cause to believe that a
violation of subpart B of this part or of the Code of Judicial Conduct
has occurred.
(c) The Rules Counsel shall close the file without further action
if the complaint does not establish probable cause to believe that a
violation has occurred. The Rules Counsel shall notify the judge
advocate concerned that the file has been closed.
Sec. 776.81 Charges.
(a) If the Rules Counsel determines that probable cause is
established, he or she shall draft charges alleging violations of
subpart B of this part or of the Code of Judicial Conduct and forward
the charges, together with the original complaint and any allied
papers--
(1) In cases involving Marine Corps judge advocates not serving as
defense counsel or attached to Navy units, to the officer exercising
general court-martial jurisdiction (OEGCMJ) over the concerned judge
advocate, and request, on behalf of JAG, that the OEGCMJ appoint a
judge advocate (normally the concerned officer's supervisor) to conduct
a preliminary inquiry into the matter;
(2) In all other cases, to the supervisory judge advocate in the
charged judge advocate's chain of command (or such other officer as JAG
may designate), and direct, on behalf of JAG, the supervisory judge
advocate to conduct a preliminary inquiry into the matter.
(b) The Rules Counsel shall provide a copy of the charges,
complaint, and any allied papers to the judge advocate against whom the
complaint is made and notify him or her that a preliminary inquiry will
be conducted.
(c) The Rules Counsel shall also provide a copy of the charges to
the commanding officer, or equivalent, of the judge advocate concerned
if the complaint involves a judge advocate on active duty and the
commanding officer is not the officer appointed to conduct the
preliminary inquiry.
(d) The Rules Counsel shall also forward a copy of the charges:
(1) In cases involving Navy or Marine Corps judge advocates serving
in Naval Legal Service Command units, to Commander, Naval Legal Service
Command (COMNAVLEGSVCCOM);
(2) In cases involving Navy judge advocates serving in Marine Corps
units, or involving Marine Corps judge advocates serving in Navy units
to the Commandant of the Marine Corps (Attn: JA);
(3) In cases involving members of the Navy-Marine Corps trial
judiciary, to the Trial Judiciary Chief Judge; and
(4) To the appropriate attorney discipline section if the complaint
involves judge advocates certified by the Judge Advocates General/Chief
Counsel of the other uniformed services.
Sec. 776.82 Preliminary inquiry.
(a) The purpose of the preliminary inquiry is to determine whether
questioned conduct may constitute a violation of subpart B of this part
or the Code of Judicial Conduct. The preliminary inquiry is not an
``ethical investigation'' that State licensing authorities might
require lawyers to report.
(b) Upon receipt of the complaint and charges, the officer
appointed to conduct the preliminary inquiry (PIO) shall promptly
investigate the charges following generally the procedures set forth in
the Manual of the Judge Advocate General [available from Office of the
Judge Advocate General, Administrative Law Division, 200 Stovall
Street, Alexandria, VA 22332-2400] for the conduct of fact-finding
bodies not required to conduct a hearing. Reports of investigation by
other authorities such as state bar associations may be used. The PIO
should also--
(1) Identify and obtain sworn affidavits or statements from all
relevant and material witnesses to the extent practicable;
(2) Identify, gather, and preserve all other relevant and material
evidence;
(3) Provide the judge advocate concerned an opportunity to review
all evidence, affidavits, and statements collected and a reasonable
period of time (normally not exceeding 7 days) to submit a written
statement or any other written material that the judge advocate wishes
considered.
(c) The PIO may appoint and use such assistants as may be necessary
to conduct the preliminary inquiry.
(d) The PIO shall personally review the results of the preliminary
inquiry to determine whether, by a preponderance of the evidence, a
violation of subpart B of this part or of the Code of Judicial Conduct,
has occurred, and shall take one of the following actions:
(1) If the PIO determines that no violation has occurred or that
the violation is minor or technical in nature and warrants only
corrective counseling, then he or she shall forward (via the OEGCMJ in
appropriate Marine Corps cases) the results of the preliminary inquiry
to the Rules Counsel together with his or her recommendation that the
file be closed, providing copies to all parties to whom the charges
were previously sent.
(2) If the PIO determines by a preponderance of the evidence that a
violation did occur, and that corrective action other than counseling
may be warranted, he or she shall forward (via the OEGCMJ in
appropriate Marine Corps cases) the results of the preliminary inquiry
to the Rules Counsel together with all related materials and his or her
recommendations. The PIO will provide copies of the materials forwarded
to all parties to whom the charges were sent.
(e) The Rules Counsel shall review all reports of preliminary
inquiries forwarded pursuant to paragraph (d) of this section.
(1) If the Rules Counsel determines that no further action is
warranted, he or she shall close the file and notify the judge advocate
concerned, his or her commanding officer, and all officials previously
provided copies of the complaint. This action does not prevent command
authority from taking appropriate disciplinary or administrative
action.
(2) If the Rules Counsel determines that further action is
warranted, he or she shall--
(i) In cases involving Marine Corps judge advocates not serving as
defense counsel or attached to Navy units, request, on behalf of JAG,
that the OEGCMJ appoint a disinterested judge advocate (normally senior
to the concerned judge advocate and not previously involved in the
case) to initiate an ethics investigation into the matter;
(ii) In all other cases, appoint, on behalf of JAG, a disinterested
judge advocate (normally senior to the individual whose conduct is
being investigated and not previously involved in the case) to initiate
an ethics investigation; and
(iii) Notify all interested command officials.
Sec. 776.83 Ethics investigation.
(a) Whenever an ethics investigation is initiated, the concerned
judge advocate will be so notified in writing by the Rules Counsel.
(b) The concerned judge advocate will also be provided written
notice of his or her right to request a hearing before the
investigating officer; to inspect all evidence gathered; to present
written or oral statements or materials for consideration; to call
witnesses at his or her own expense (local military witnesses should be
made available at no cost); to be assisted by counsel (paragraph (c) of
this section); to challenge the investigating officer for cause (such
challenges must be made in writing and sent to the Rules Counsel via
the challenged officer); and to waive any or all of these rights.
(c) The respondent may be represented by counsel at the hearing.
Such counsel may be--
(1) A civilian attorney retained at no expense to the government;
or,
(2) In the case of a military respondent, military counsel--
(i) Detailed by the cognizant naval legal service office, law
center, or legal service support section; or
(ii) Requested by the respondent, if such counsel is attached to
the cognizant naval legal service office, legal service support
section, law center, or to a Navy or Marine Corps activity located
within 100 miles of the hearing site at the time of the scheduled
hearing, and if such counsel is reasonably available as determined by
the requested counsel's reporting senior in his or her sole discretion.
There is no right to detailed counsel if requested counsel is
unavailable.
(d) If a hearing is requested, the investigating officer will
conduct it after reasonable notice to the judge advocate concerned. The
hearing will not be unreasonably delayed. The hearing is not
adversarial in nature and there is no right to subpoena witnesses.
Rules of evidence do not apply. The concerned judge advocate or his or
her counsel may question witnesses that may appear. The proceedings
shall be recorded but no transcript of the hearing need be made.
Evidence gathered during, or subsequent to, the preliminary inquiry and
such additional evidence as may be offered by the concerned judge
advocate shall be considered.
(e) After completing the hearing, the investigating officer shall
prepare a summary of the evidence and forward it together with his or
her recommendations to the Rules Counsel via--
(1) In cases involving Navy or Marine Corps judge advocates serving
with Naval Legal Service Command units, Commander, Naval Legal Service
Command;
(2) In cases involving Navy judge advocates serving with Marine
Corps units, the Commandant of the Marine Corps (Attn: JA);
(3) In cases involving Navy or Marine Corps judge advocates serving
in subordinate Navy fleet or staff billets, the fleet or staff judge
advocate attached to the appropriate second-echelon commander;
(4) In cases involving members of the Navy-Marine Corps Trial
Judiciary, the Trial Judiciary Chief Judge;
(5) In cases involving Marine Corps judge advocates serving in
defense billets, via the Marine Corps defense service chain of command;
(6) In cases involving Marine Corps judge advocates not serving in
defense counsel billets or in Navy units, via the OEGCMJ over the
concerned judge advocate; and
(7) The appropriate attorney discipline section if the complaint
involves judge advocates certified by the Judge Advocates General/Chief
Counsel of the other uniformed services.
(f) A copy of the report shall be provided to the concerned judge
advocate and to all authorities previously provided copies of the
charges who are not via addressees.
(g) The Rules Counsel shall review the report and either forward it
to JAG together with his or her recommendations or return it, via the
appropriate chain, to the investigating officer for further inquiry
into specified areas.
Sec. 776.84 Action by JAG.
(a) JAG is not bound by the Rules Counsel's or investigating
officer's recommendations, but will base his action on the record as a
whole.
(b) JAG may, but is not required to, refer any case to the
Professional Responsibility Committee for an advisory opinion on
interpretation of the rules in subpart B of this part or their
application to the facts of a particular case.
(c) Upon receipt of the investigation, and any requested advisory
opinion, JAG will take such action, as JAG considers appropriate in
JAG's sole discretion. JAG may, for example--
(1) Return the report for further inquiry into specified areas;
(2) If JAG considers the allegations to be unfounded, or that no
further action is warranted, JAG will direct the Rules Counsel to make
the appropriate file entries and to notify all interested parties
accordingly;
(3) If JAG considers the allegations to be supported by clear and
convincing evidence, JAG may take appropriate corrective action
including, but not limited to:
(i) Limiting the concerned judge advocate to practice under direct
supervision of a superior judge advocate;
(ii) Limiting the concerned judge advocate to practicing in certain
areas or forbidding him or her from practicing in certain areas;
(iii) Suspending or revoking the concerned judge advocate's
authority to provide legal assistance;
(iv) If JAG finds that the misconduct so adversely affects the
judge advocate's continuing ability to practice law in the naval
service that certification under article 27(b), UCMJ, 10 U.S.C. 827(b),
should be suspended, JAG may direct such certification to be suspended
for a prescribed period;
(v) If JAG finds that the misconduct so prejudices the reputation
of the judge advocate community, the administration of military
justice, the practice of law under the cognizance of JAG, or the armed
services as a whole, that certification under article 27(b), UCMJ, 10
U.S.C. 827(b), is no longer appropriate, JAG may direct such
certification to be removed; or
(vi) In the case of a judge, if JAG finds that the misconduct so
prejudices the reputation of military trial and appellate judges that
certification under article 26(b), UCMJ, 10 U.S.C. 826(b), is no longer
appropriate, direct such certification to be removed; and
(vii) Direct the Rules Counsel to contact appropriate authorities
such as the Chief of Naval Personnel or the Commandant of the Marine
Corps so that pertinent entries in appropriate DON records may be made;
to make entries in and to close the file; to notify the individual
concerned as well as any officials previously provided copies of the
complaint; and notify appropriate tribunals and authorities of any
action taken to suspend, decertify, or limit the practice of an
attorney as counsel before courts-martial or the Navy-Marine Corps
Court of Military Review, administrative boards, or as a legal
assistance attorney.
Sec. 776.85 Finality.
Any action taken by JAG is final subject to any remedies afforded
by Navy Regulations to the concerned counsel.
Sec. 776.86 Report to bar.
Upon determination by JAG that a violation of subpart B of this
part or the Code of Judicial Conduct has occurred, JAG may cause the
Rules Counsel to report that fact to the licensing authorities of the
attorney concerned. If so reported, notice to the concerned attorney
shall be provided by the Rules Counsel.
Secs. 776.87-776.89 [Reserved]
Subpart D--Outside Part-Time Law Practice of Naval Service
Attorneys
Sec. 776.90 Background.
(a) A DON attorney's primary professional responsibility is to DON,
and he or she is expected to devote the required level of time and
effort to satisfactorily accomplish assigned duties. In addition to the
obligations of an attorney engaged in the outside practice of law to
comply with local bar rules governing professional responsibility and
conduct, DON attorneys remain bound by subpart B of this part.
(b) Outside employment of DON personnel, both military and
civilian, is limited by Executive Order 12731, 55 FR 42547, 3 CFR, 1990
Comp., p. 306, and Secretary of the Navy Instruction 5370.2J, Standards
of Conduct [available on request from the Office of the Judge Advocate
General, Administrative Law Division, 200 Stovall Street, Alexandria,
VA 22332-2400]. Additionally, section 0710 of the Manual of the Judge
Advocate General prohibits active duty judge advocates and civilian
attorneys under the supervision of JAG from accepting or receiving,
directly or indirectly, any fee or compensation of any nature for legal
services rendered to those persons eligible for legal assistance under
article 0706 of the Manual of the Judge Advocate General, whether or
not the service is rendered during duty hours, or is part of official
duties.
(c) Additionally, DON officers and employees are prohibited by 18
U.S.C. 209 from receiving pay or allowances from any source other than
the United States for the performance of any official service or duty
unless specifically authorized by law. Furthermore, 18 U.S.C. 203 and
205 prohibit Federal officers and employees from personally
representing or receiving, directly or indirectly, compensation for
representing any other person before any Federal agency or court on
matters in which the United States is a party or has an interest.
(d) These limitations are particularly significant when applied to
DON attorneys who intend to engage concurrently in a civilian law
practice. In such a situation, the potential is high for actual or
apparent conflict arising from the mere opportunity to obtain clients
through contacts in the course of official business. Unique conflicts
or adverse appearances may also develop because of a DON attorney's
special ethical responsibilities and loyalties.
Sec. 776.91 Definition.
Outside part-time law practice is defined as any regular provision
of legal advice, counsel, assistance or representation, with or without
compensation, that is not performed pursuant or incident to duties as a
naval service attorney. Occasional uncompensated assistance rendered to
relatives or friends is excluded from this definition. Teaching a law
course as part of a program of education or training offered by an
institution of higher education is not practicing law for purposes of
this part.
Sec. 776.92 Policy.
(a) As a general rule, JAG will not approve requests to practice
law part-time in association with lawyers or firms which represent
clients with interests adverse to DON.
(b) JAG's approval of a particular request does not constitute DON
certification of the requesting attorney's qualifications to engage in
the proposed practice or DON endorsement of activities undertaken after
such practice begins. Furthermore, because any outside law practice is
necessarily beyond the scope of a DON attorney's official duties, the
requesting attorney should consider obtaining personal malpractice
insurance coverage.
Sec. 776.93 Action.
(a) DON attorneys to whom this enclosure applies who contemplate
engaging in an outside part-time law practice must first obtain
approval from JAG. Requests should be forwarded in the form provided in
Judge Advocate General Instruction 5803.1A [the form is available on
request from the Administrative Law Division] to the Administrative Law
Division, via the attorney's chain of command. Marine Corps attorneys
will also include Commandant of the Marine Corps (JAR) as a via
addressee.
(b) The requesting attorney's commanding officer may--
(1) Disapprove and return the request if he or she perceives actual
or apparent conflicts of interests; or
(2) Forward the request recommending approval and providing such
other information as may be relevant.
(c) JAG will review the request and advise applicants in writing of
the decision, and of any conditions and limitations under which a
particular practice may be undertaken. Until permission is granted,
applicants will not commence any outside law practice.
Sec. 776.94 Revalidation.
(a) Attorneys to whom permission is given to engage in the outside
part-time practice of law will notify JAG in writing, via their chain
of command, within 30 days of any material change in:
(1) The nature or scope of the outside practice described in their
requests, including termination; or
(2) Their DON assignment or responsibilities.
(b) Attorneys to whom permission is given to engage in the outside
practice of law will annually resubmit an application to continue the
practice with current information by 1 October each year.
Sec. 776.95 Relations with non-DON civilian counsel.
Employment of non-DON civilian counsel by an individual client
alters no responsibilities of a DON attorney to that client.
(a) When civilian counsel is retained by an individual client, the
DON attorney assigned to that client shall inform civilian counsel--
(1) Of the contents of this part;
(2) That subpart B of this part applies to civilian counsel
practicing before military tribunals, courts, or boards as a condition
of such practice; and
(3) That subpart B of this part takes precedence over other rules
of professional conduct that might otherwise apply.
(b) If an individual client designates civilian counsel as chief
counsel, the detailed DON attorney must defer to civilian counsel in
any conflict over trial tactics. If, however, counsel have ``co-
counsel'' status, then conflict in proposed trial tactics requires the
client to be consulted to resolve the conflict.
(c) If civilian counsel has, in the opinion of the DON attorney,
acted contrary to the requirements of subpart B of this part, the
matter should first be discussed with civilian counsel. If not resolved
between counsel, the client must be informed of the matter by the DON
attorney. If, after being apprised of possible misconduct, the client
approves of the questioned conduct, the judge advocate shall attempt to
withdraw from the case in accordance with Sec. 776.35. The client shall
be informed of such intent to withdraw prior to action by the judge
advocate.
Dated: August 19, 1994.
Lewis T. Booker, Jr.,
LCDR, JAGC, USN, Federal Register Liaison Officer.
[FR Doc. 94-21610 Filed 8-31-94; 8:45 am]
BILLING CODE 3810-AE-P
